THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA ACT, 2008 
_________ 

ARRANGEMENT OF SECTIONS 
_________ 

CHAPTER I 

PRELIMINARY 

SECTIONS 

1.  Short title, commencement and application. 
2.  Definitions. 

CHAPTER II 

THE AIRPORTS ECONOMIC REGULATORY AUTHORITY 

3.  Establishment of Authority. 
4.  Composition of Authority. 
5.  Constitution of Selection Committee to recommend Members. 
6.  Terms of office and other conditions of service, etc., of Chairperson and Members. 
7.  Power of Chairperson. 
8.  Removal and suspension of Members. 
9.  Appointment of Secretary, experts, professionals and officers and other employees of Authority. 
10.  Meetings. 
11.  Authentication. 
12.  Vacancies, etc., not to invalidate proceedings of Authority. 

CHAPTER III 

POWERS AND FUNCTIONS OF THE AUTHORITY 

13.  Functions of Authority. 
14.  Powers of Authority to call for information, conduct investigations, etc. 
15.  Power of Authority to issue certain directions. 
16.  Power of seizure. 

CHAPTER IV 

APPELLATE TRIBUNAL 

17.  Appellate Tribunal. 
18.  Application for settlement of disputes and appeals to Appellate Tribunal. 
19.  [Omitted.] 
20.  [Omitted.] 
21.  [Omitted.] 
22.  [Omitted.] 

1 

 
 
 
 
 
 
SECTIONS 

23.  [Omitted.] 
24.  [Omitted.] 
25.  [Omitted.] 
26.  [Omitted.] 
27.  [Omitted.] 
28.  Civil court not to have jurisdiction. 
29.  Procedure and powers of Appellate Tribunal. 
30.  Right to legal representation. 
31.  Appeal to Supreme Court. 
32.  Orders passed by Appellate Tribunal to be executable as a decree. 

CHAPTER V 

FINANCE, ACCOUNTS AND AUDIT 

33.  Budget. 
34.  Grants by Central Government. 
35.  Annual statement of accounts. 
36.  Furnishing of returns, etc., to Central Government. 

CHAPTER VI 

OFFENCES AND PENALTIES 

37.  Penalty for wilful failure to comply with orders of Appellate Tribunal. 
38.  Punishment for non-compliance of orders and directions under this Act. 
39.  Punishment for non-compliance with order of Authority or Appellate Tribunal. 
40.  Offences by companies. 
41.  Offences by Government Departments. 

CHAPTER VII 

MISCELLANEOUS 

42.  Directions by Central Government. 
43.  Members, officers and employees of Authority to be public servants. 
44.  Bar of jurisdiction. 
45.  Protection of action taken in good faith. 
46.  Exemption from tax on wealth and income. 
47.  Cognizance of offences. 
48.  Delegation of powers. 
49.  Power of Central Government to supersede Authority. 
50.  Application of other laws not barred. 
51.  Power to make rules. 
52.  Power to make regulations. 

2 

 
 
 
 
 
 
SECTIONS 

53.  Rules and regulations to be laid before Parliament. 
54.  Amendment of certain enactments. 
55.  Power to remove difficulties. 

THE SCHEDULE. 

3 

 
 
 
THE AIRPORTS ECONOMIC REGULATORY AUTHORITY OF INDIA ACT, 2008 

ACT NO. 27 OF 2008 

[5th December, 2008.] 

An  Act  to  provide  for  the  establishment  of  an  Airports  Economic  Regulatory  Authority  to 
regulate  tariff  and  other  charges  for  the  aeronautical  services  rendered  at  airports  and  to 
monitor  performance  standards  of  airports  1*  *  *  and  for  matters  connected  therewith  or 
incidental thereto. 

BE it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1. Short title, commencement and application.—(1) This Act may be called the Airports Economic 

Regulatory Authority of India Act, 2008. 

(2)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

(3) It applies to— 

(a)  all  airports  whereat  air  transport  services  are  operated  or  are intended to  be  operated,  other 
than airports and airfields belonging to or subject to the control of the Armed Forces or paramilitary 
Forces of the Union; 

(b) all private airports and leased airports; 

(c) all civil enclaves; 

(d) all major airports. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) "aeronautical service" means any service provided— 

(i)  for  navigation,  surveillance  and  supportive  communication  thereto  for  air  traffic 

management; 

(ii) for the landing, housing or parking of an aircraft or any other ground facility offered in 

connection with aircraft operations at an airport; 

(iii) for ground safety services at an airport; 

(iv) for ground handling services relating to aircraft, passengers and cargo at an airport; 

(v) for the cargo facility at an airport; 

(vi) for supplying fuel to the aircraft at an airport; and 

(vii)  for  a  stake-holder  at  an  airport,  for  which  the  charges,  in  the  opinion  of  the  Central 

Government for the reasons to be recorded in writing, may be determined by the Authority; 

(b) "airport" means a landing and taking off area for aircrafts, usually with runways and aircraft 
maintenance and passenger facilities and includes an aerodrome as defined in clause (2) of section 2 
of the Aircraft Act, 1934 (22 of 1934); 

(c) "airport user" means any person availing of passenger or cargo facilities at an airport; 

1.  The words “and also to establish Appellate Tribunal to adjudicate disputes and dispose of appeals” omitted by Act 7 of 2017,   

s. 170 (w.e.f. 26-5-2017). 

2. 1st January, 2009 (except Chapters III and IV), vide notification No. S.O. 894(E), dated 30th December, 2008, see Gazette of 

India, Extraordinary, Part II, sec. 3(ii). 

4 

 
                                                           
1[(d)  "Appellate  Tribunal"  means  the  Telecom  Disputes  Settlement  and  Appellate  Tribunal 

referred to in section 17;] 

 (e)  "Authority"  means  the  Airports  Economic  Regulatory  Authority  established  under                   

sub-section (1) of section 3; 

(f) "civil enclave" means an area, if any, allotted at an airport belonging to any armed force of the 
Union, for use by persons availing of any air transport services from such airport or for the handling 
of baggage or cargo by such service, and includes land comprising of any building and structure on 
such area; 

(g)  "Chairperson"  means  the  Chairperson  of  the  Authority  appointed  under  sub-section  (2)  of 

section 4; 

(h) "leased airport" means an airport in respect of which a lease has been made under section 12A 

of the Airports Authority of India Act, 1994 (55 of 1994); 

(i)  "major  airport"  means  any  airport  which  has,  or  is  designated  to  have,  annual  passenger 
throughput in excess of 2[three and a half million] or any other airport 3[or a group of airports] as the 
Central Government may, by notification, specify as such; 

(j) "Member" means a Member of the Authority and includes the Chairperson; 

(k) "prescribed" means prescribed by rules made under this Act; 

(l)  "private  airport"  has  the  same  meaning  as  assigned  to  it  in  clause  (nn)  of  section  2  of  the 

Airports Authority of India Act, 1994 (55 of 1994); 

(m) "regulations" means regulations made by the Authority under this Act; 

(n) "service provider" means any person who provides aeronautical services and is eligible to levy 
and  charge  user  development  fees  from  the  embarking  passengers  at  any  airport  and  includes  the 
authority which manages the airport; 

(o)  "stake-holder"  includes  a  licensee  of  an  airport,  airlines  operating  thereat,  a  person  who 
provides  aeronautical  services,  and  any  association  of  individuals,  which  in  the  opinion  of  the 
Authority, represents the passenger or cargo facility users; 

(p) words and expressions used but not defined in this Act and defined in the Airports Authority 
of India Act, 1994 (55 of 1994) shall have the same meanings respectively assigned to them in that 
Act. 

CHAPTER II 

THE AIRPORTS ECONOMIC REGULATORY AUTHORITY 

3.  Establishment  of  Authority.—(1) The  Central  Government  shall,  within  three  months from  the 
date of commencement of this Act, by notification in the Official Gazette, establish an Authority, to be 
known  as  the  Airports  Economic  Regulatory  Authority,  to  exercise  the  powers  conferred  on,  and  the 
functions assigned to it, by or under this Act. 

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a 
common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to 
contract and shall, by the said name, sue or be sued. 

(3)  The  head  office  of  the  Authority  shall  be  at  such  place  as  the  Central  Government  may,  by 

notification in the Official Gazette, specify. 

4.  Composition  of  Authority.—(1)  The  Authority  shall  consist  of  a  Chairperson  and  two  other 

Members to be appointed by the Central Government: 

1. Subs. by Act 7 of 2017, s. 170, for clause (d) (w.e.f. 26-5-2017). 
2. Subs. by Act 27 of 2019, s. 2, for “one and a half million” (w.e.f. 26-9-2019). 
3. Ins. by Act 28 of 2021, s. 2 (w.e.f. 13-4-2022). 

5 

 
                                                           
Provided  that  whenever  the  Authority  is  deciding  a  matter  involving  a  civil  enclave  in  a  defence 
airfield,  there  shall  be  an  additional  Member,  not  below  the  rank  of  Additional  Secretary  to  the 
Government of India, to be nominated by the Ministry of Defence. 

(2)  The  Chairperson  and  Members  of  the  Authority  shall  be  appointed  by  the  Central  Government 
from amongst persons of ability and integrity having adequate knowledge of, and professional experience 
in, aviation, economics, law, commerce or consumer affairs:  

Provided that a person who is or has been in the service of Government shall not be appointed as a 
Member unless such person has held the post of Secretary or Additional Secretary to the Government of 
India or any equivalent post in the Central or State Government for a total period of not less than three 
years. 

(3) The Chairperson and other Members shall be whole-time Members. 

(4) The Chairperson or other Members shall not hold any other office. 

(5) The Chairperson shall be the Chief Executive of the Authority. 

(6)  The  Chairperson  and  other  Members  of  the  Authority  shall  be  appointed  by  the  Central 

Government on the recommendation of Selection Committee referred to in section 5. 

5.  Constitution of  Selection  Committee  to  recommend Members.—(1) The  Central  Government 
shall, for the purpose of sub-section (6) of section 4 constitute a Selection Committee consisting of the 
following, namely:— 

(a) Cabinet Secretary 

(b) Secretary, in the Ministry of Civil Aviation 

(c) Secretary, Department of Legal Affairs in the Ministry of  

Law and Justice 

(d) Secretary, in the Ministry of Defence 

(e) One expert to be nominated by the Ministry of Civil Aviation 

—Chairman; 

—Member; 

—Member; 

—Member; 

—Member. 

(2) The Central Government shall within one month from the date  of occurrence of any vacancy by 
reason  of  death,  resignation  or  removal  of  the  Chairperson  or  a  Member  and  six  months  before  the 
superannuation  or  end  of  tenure  of  the  Chairperson  or  any  Member,  make  a  reference  to  the  Selection 
Committee for filling up of the vacancy. 

(3) The Selection Committee shall finalise the selection of the Chairperson and Members within one 

month from the date on which the reference is made to it. 

(4) The Selection Committee shall recommend a panel of two names for every vacancy referred to it. 

(5)  Before  recommending  any  person  for  appointment  as  a  Chairperson  or  other  Member  of  the 
Authority,  the  Selection  Committee  shall  satisfy  itself  that  such  person  does  not  have  any  financial  or 
other interest which is likely to affect prejudicially his functions as a Member. 

 (6)  No  appointment  of the  Chairperson  or  other  Member  shall  be  invalid  merely  by  reason  of  any 

vacancy in the Selection Committee. 

6. Terms of office and other conditions of service, etc., of Chairperson and Members.—(1) The 
Chairperson and other Members, shall hold office, as such, for a term of five years from the date on which 
he enters upon his office, but shall not be eligible for re-appointment: 

Provided that no Chairperson or other Member shall hold office, as such, after he attains — 

(a) in the case of the Chairperson, the age of sixty-five years; and 

(b) in the case of any other Member, the age of sixty-two years. 

6 

 
 
Explanation.—For the purposes of this sub-section, a Member may be appointed as Chairperson of 
the  Authority,  but  a  person  who  has  been  the  Chairperson  shall  not  be  eligible  for  appointment  as  a 
Member. 

(2)  The  salary  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 

Chairperson and other Members shall be such as may be prescribed. 

(3)  The  salary,  allowances  and  other  conditions  of  service  of  the  Chairperson  and  other  Members 

shall not be varied to their disadvantage after their appointment. 

(4) Notwithstanding anything contained in sub-section (1), the Chairperson or any Member may,— 

(a) relinquish his office by giving, in writing to the Central Government, a notice of not less than 

three months; or 

(b) be removed from his office in accordance with the provisions of section 8. 

(5) The Chairperson or any Member ceasing to hold office, as such, shall— 

(a) be ineligible for further employment under the Central Government or any State Government 

for a period of two years from the date he ceases to hold such office; 

(b) not accept any commercial employment including private for a period of two years from the 

date he ceases to hold such office; or 

(c) not represent any person before the Authority in any other manner. 

Explanation.—For the purposes of this sub-section,— 

(a)  "employment  under  the  Central  Government  or  State  Government"  includes  employment 
under  any  local  or  other  authority  within  the  territory  of  India  or  under  the  control  of  the  Central 
Government  or  State  Government  or  under  any  corporation  or  society  owned  or  controlled  by  the 
Government; 

(b) "commercial employment" means employment in any capacity under, or agency of, a person 
engaged  in  trading,  commercial,  industrial  or  financial  business  in  any  field  and  includes  also  a 
director of a company or partner of a firm and it also includes setting up practice either independently 
or as partner of a firm or as an adviser or a consultant. 

7.  Power  of  Chairperson.—The  Chairperson  shall  have  powers  of  general  superintendence  and 
directions  in  the  conduct  of  the  affairs  of  the  Authority  and  he  shall,  in  addition  to  presiding  over  the 
meetings of the Authority, exercise and discharge such powers and functions of the Authority and shall 
discharge such other powers and functions as may be prescribed. 

8.  Removal  and  suspension  of  Members.—(1)  The  Central  Government  may,  by  order,  remove 
from office the Chairperson or other Member, if the Chairperson or such other Member, as the case may 
be,— 

(a) has been adjudged an insolvent; or 

(b) has been convicted of an offence which, in the opinion of the Central Government, involves 

moral turpitude; or 

(c) has become physically or mentally incapable of acting as a Member; or 

(d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as 

a Member; or 

(e)  has  so  abused  his  position,  as  to  render  his  continuance  in  office  prejudicial  to  the  public 

interest; or 

(f) has engaged at any time during his term of office in any other employment. 

(2) The Chairperson or any other Member shall not be removed from his office except by an order of 
the  Central  Government  on  the  ground  of  his  proved  misbehavior  or  incapacity  after  the  Central 

7 

 
Government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the 
Central Government, come to the conclusion that the Member ought on any such ground to be removed. 

(3)  The  Central  Government  may  suspend  any  Member  in  respect  of  whom  an  inquiry  under  
sub-section (2) is being initiated or pending until the Central Government has passed an order on receipt 
of the report of the inquiry. 

9.  Appointment  of  Secretary,  experts,  professionals  and  officers  and  other  employees  of 
Authority.—(1) The Central Government may appoint a Secretary to discharge his functions under this 
Act. 

(2)  The  Authority  may  appoint  such  officers  and  other  employees  as  it  considers  necessary  for  the 

efficient discharge of its functions under this Act. 

(3) The salaries and allowances payable to and other terms and conditions of service of the Secretary 
and officers and other employees of the Authority and the number of such officers and other employees 
shall be such as may be prescribed. 

(4)  The  Authority  may  engage,  in  accordance  with  the  procedure  specified  by  regulations  such 
number of experts and professionals of integrity and outstanding ability, who have special knowledge of, 
and  experience  in,  economics,  law,  business  or  such  other  disciplines  related  to  aviation  as  it  deems 
necessary to assist the Authority in the discharge of its functions under this Act. 

10. Meetings.—(1) The Authority shall meet at such places and times and shall observe such rules of 
procedure in regard to the transaction of business at its meetings (including the quorum at its meetings), 
as may be determined by regulations. 

(2)  The  Chairperson  shall  preside  at  the  meeting  of  the  Authority  and  if  for  any  reason  the 
Chairperson is  unable  to  attend  a  meeting  of the  Authority,  any  other Member chosen  by  the  members 
present from amongst themselves at the meeting shall preside at the meeting. 

(3) All questions which come up before any meeting of the Authority shall be decided by a majority 
of votes of the Members present and voting and, in the event of an equality of votes, the Chairperson or 
the Member presiding shall have the right to exercise a second or casting vote. 

(4) Save as otherwise provided in sub-section (1), every Member shall have one vote. 

11. Authentication.—All orders and decisions of the Authority shall be authenticated by signatures 

of the Secretary or any other officer of the Authority, duly authorised by the Authority in this behalf. 

12.  Vacancies,  etc.,  not  to  invalidate  proceedings  of  Authority.—No  act  or  proceedings  of  the 

Authority shall be invalid merely by reason of — 

(a) any vacancy in, or any defect in, the constitution of the Authority; or 

(b) any defect in the appointment of a person acting as a Member of the Authority; or 

(c) any irregularity in the procedure of the Authority not affecting the merits of the case. 

CHAPTER III 

POWERS AND FUNCTIONS OF THE AUTHORITY 

13. Functions of Authority.—(1) The Authority shall perform the following functions in respect of 

major airports, namely:— 

(a) to determine the tariff for the aeronautical services taking into consideration— 

(i) the capital expenditure incurred and timely investment in improvement of airport facilities; 

(ii) the service provided, its quality and other relevant factors; 

(iii) the cost for improving efficiency; 

(iv) economic and viable operation of major airports; 

(v) revenue received from services other than the aeronautical services; 

8 

 
(vi) the concession offered by the Central Government in any agreement or memorandum of 

understanding or otherwise; 

(vii) any other factor which may be relevant for the purposes of this Act: 

 Provided  that  different  tariff  structures  may  be  determined  for  different  airports  having 

regard to all or any of the above considerations specified at sub-clauses (i) to (vii); 

(b) to determine the amount of the development fees in respect of major airports; 

(c)  to  determine  the  amount  of  the  passengers  service  fee  levied  under  rule  88  of  the  Aircraft 

Rules, 1937 made under the Aircraft Act, 1934 (22 of 1934); 

(d)  to  monitor  the  set  performance  standards  relating  to  quality,  continuity  and  reliability  of 
service  as  may  be  specified  by  the  Central  Government  or  any  authority  authorised  by  it  in  this 
behalf; 

(e) to call for such information as may be necessary to determine the tariff under clause (a); 

(f)  to  perform  such  other  functions  relating  to  tariff,  as  may  be  entrusted  to  it  by  the  Central 

Government or as may be necessary to carry out the provisions of this Act. 

1[(1A)  Notwithstanding  anything  contained  in  sub-sections  (1)  and  (2),  the  Authority  shall  not 
determine the tariff or tariff structures or the amount of development fees in respect of an airport or part 
thereof, if such tariff or tariff structures or the amount of development fees has been incorporated in the 
bidding document, which is the basis for award of operatorship of that airport: 

Provided that the Authority shall be consulted in advance regarding the tariff, tariff structures or the 
amount of development fees which is proposed to be incorporated in the said bidding document and such 
tariff, tariff structures or the amount of development fees shall be notified in the Official Gazette.] 

 (2) The Authority shall determine the tariff once in five years and may if so considered appropriate 
and  in  public  interest,  amend,  from  time  to  time  during  the  said  period  of  five  years,  the  tariff  so 
determined. 

(3)  While  discharging  its  functions  under  sub-section  (1)  the  Authority  shall  not  act  against  the 
interest of the sovereignty and integrity of India, the security of the State, friendly relations  with foreign 
States, public order, decency or morality. 

(4) The Authority shall ensure transparency while exercising its powers and discharging its functions, 

inter alia,— 

(a) by holding due consultations with all stake-holders with the airport; 

(b) by allowing all stake-holders to make their submissions to the authority; and 

(c) by making all decisions of the authority fully documented and explained. 

14.  Powers  of  Authority  to  call  for  information,  conduct  investigations,  etc.—(1)  Where  the 

Authority considers it expedient so to do, it may by order in writing— 

(a)  call  upon  any  service  provider  at  any  time  to  furnish  in  writing  such  information  or 
explanation  relating  to  its  functions  as  the  Authority  may  require  to  access  the  performance  of  the 
service provider; or 

(b)  appoint  one  or  more  persons  to  make  an  inquiry  in  relation  to  the  affairs  of  any  service 

provider; and 

(c) direct any of its officers or employees to inspect the books of account or other documents of 

any service provider. 

1. Ins. by Act 27 of 2019, s. 3 (w.e.f. 26-9-2019). 

9 

 
 
 
                                                           
(2)  Where  any  inquiry  in  relation  to  the  affairs  of  a  service  provider  has  been  undertaken  under            

sub-section (1)— 

(a)  every  office  of  the  Government  department,  if  such  service  provider  is  a  department  of  the 

Government; or 

(b) every director, manager, secretary or other officer, if such service provider is a company; or 

(c) every partner, manager, secretary or other officer, if such service provider is a firm; or 

(d) every other person or body of persons who has had dealings in the course of business with any 

of the persons mentioned in clauses (b) or (c), 

shall  be  bound  to  produce before  the  Authority  making  the  inquiry,  all  such  books  of  account  or  other 
documents in his custody or power relating to, or having a bearing on the subject-matter of such inquiry 
and also to furnish to the Authority with any such statement or information relating thereto, as the case 
may be, required of him, within such time as may be specified. 

(3)  Every  service  provider  shall  maintain  such  books  of  account  or  other  documents  as  may  be 

prescribed. 

(4)  The  Authority  shall  have  the  power  to  issue  such  directions  to  monitor  the  performance  of  the 

service providers as it may consider necessary for proper functioning by service providers. 

15.  Power  of  Authority  to  issue  certain  directions.—The  Authority  may,  for  the  purpose  of 
discharge of its functions under this Act, issue, from time to time to the service providers, such directions, 
as it may consider necessary. 

16.  Power  of seizure.—The  Authority  or  any  other officer  specially  authorised  by  it  in  this  behalf 
may enter any building or place where the Authority has reason to believe that any document relating to 
the  subject  matter  of  the  inquiry  may  be  found,  and  may  seize  any  such  document  or  take  extracts  or 
copies  therefrom  subject  to  the  provisions  of  section  100  of  the  Code  of  Criminal  Procedure,  1973          
(2 of 1974) in so far as they may be applicable. 

CHAPTER IV 

APPELLATE TRIBUNAL 

17. 1[Appellate Tribunal].— 2[The Telecom Disputes Settlement and Appellate Tribunal established 
under section 14 of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) shall, on and from 
the  commencement  of  Part  XIV  of  Chapter VI  of  the  Finance  Act,  2017  (7  of 2017),  be  the  Appellate 
Tribunal  for  the  purposes  of  this  Act  and  the  said  Appellate  Tribunal  shall  exercise  the  jurisdiction, 
powers and authority conferred on it by or under this Act] to— 

(a) adjudicate any dispute— 

(i) between two or more service providers; 

(ii) between a service provider and a group of consumer: 

Provided that the Appellate Tribunal may, if considers appropriate, obtain the opinion of the 

Authority on any matter relating to such dispute: 

Provided further that nothing in this clause shall apply in respect of matters— 

(i)  relating  to  the  monopolistic  trade  practice,  restrictive  trade  practice  and  unfair  trade 
practice  which  are  subject  to  the  jurisdiction  of  the  Monopolies  and  Restrictive  Trade 
Practices Commission established under sub-section (1) of section 5 of the Monopolies and 
Restrictive Trade Practices Act, 1969 (54 of 1969); 

(ii) relating to the complaint of an individual consumer maintainable before a Consumer 
Disputes  Redressal  Forum  or  a  Consumer  Disputes  Redressal  Commission  or  the  National 

1. Subs. by Act 7 of 2017, s. 170, for “Establishment of Appellate Tribunal” (w.e.f. 26-5-2017). 
2. Subs. by s. 170, ibid., for certain words (w.e.f. 26-5-2017). 

10 

 
                                                           
Consumer  Redressal  Commission  established  under  section  9  of  the  Consumer  Protection 
Act, 1986 (68 of 1986); 

(iii) which are within the purview of the Competition Act, 2002 (12 of 2003); 

(iv) relating to an order of eviction which is appealable under section 28K of the Airports 

Authority of India Act, 1994 (55 of 1994). 

(b) hear and dispose of appeal against any direction, decision or order of the Authority under this 

Act. 

18. Application for settlement of disputes and appeals to Appellate Tribunal.—(1) The Central 
Government or a State Government or a local authority or any person may make an application to the 
Appellate Tribunal for adjudication of any dispute as referred to in clause (a) of section 17. 

(2) The Central Government or a State Government or a local authority or any person aggrieved by 

any direction, decision or order made by the Authority may prefer an appeal to the Appellate Tribunal. 

(3) Every appeal under sub-section (2) shall be preferred within a period of thirty days from the date 
on which a copy of the direction or order or decision made by the Authority is received by the Central 
Government or the State Government or the local authority or the aggrieved person and it shall be in such 
form, verified in such manner and be accompanied by such fee as may be prescribed: 

Provided that the Appellate Tribunal may entertain any appeal after the expiry of the said period of 

thirty days if it is satisfied that there was sufficient cause for not filing it within that period. 

(4)  On  receipt  of  an  application  under  sub-section  (1)  or  an  appeal  under  sub-section  (2),  the 
Appellate Tribunal may, after giving the parties to the dispute or the appeal an opportunity of being heard, 
pass such orders thereon as it thinks fit. 

(5) The Appellate Tribunal shall send a copy of every order made by it to the parties to the dispute or 

the appeal and to the Authority, as the case may be. 

(6) The application made under sub-section (1) or the appeal preferred under sub-section (2) shall be 
dealt  with  by  it  as  expeditiously  as  possible  and  endeavour  shall  be  made  by  it  to  dispose  of  the 
application or appeal finally within ninety days from the date of receipt of application or appeal, as the 
case may be: 

Provided that where any such application or appeal could not be disposed of within the said period of 
ninety days, the Appellate Tribunal shall record its reasons in writing for not disposing of the application 
or appeal within that period. 

(7) The Appellate Tribunal may, for the purpose of examining the legality or propriety or correctness, 
of any dispute made in any application under sub-section (1), or of any direction or order or decision of 
the Authority referred to in the appeal preferred under sub-section (2), on its own motion or otherwise, 
call for the records relevant to disposing of such application or appeal and make such orders as it thinks 
fit. 

19.  [Composition  of  Appellate  Tribunal.]  Omitted  by  the  Finance  Act,  2017  (7  of  2017),  s.  170 

(w.e.f. 26-5-2017). 

20.  [Qualifications  for  appointment  of  Chairperson  and  Members.]  Omitted  by  s.  170,  ibid.  

(w.e.f. 26-5-2017). 

21. [Term of office.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017). 

22. [Terms and conditions of service.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017). 

23. [Vacancies.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017). 

 24. [Removal and resignation.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017). 

25. [Staff of Appellate Tribunal.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017). 

26. [Decision to be by majority.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017). 

27. [Members, etc., to be public servants.] Omitted by s. 170, ibid. (w.e.f. 26-5-2017). 

11 

 
28. Civil court not to have jurisdiction.—No civil court shall have jurisdiction to entertain any suit 
or proceeding in respect of any matter which the Appellate Tribunal is empowered by or under this Act to 
determine and no injunction shall be granted by any court or other authority in respect of any action taken 
or to be taken in pursuance of any power conferred by or under this Act. 

29. Procedure and powers of Appellate Tribunal.—(1) The Appellate Tribunal shall not be bound 
by the procedure laid down by the Code of Civil Procedure, 1908 (5 of 1908), but shall be guided by the 
principles of natural justice and, subject to the other provisions of this Act, the Appellate Tribunal shall 
have powers to regulate its own procedure. 

(2) The Appellate Tribunal shall have, for the purposes of discharging its functions under this Act, the 
same  powers  as  are  vested  in  a  civil court  under the Code  of  Civil  Procedure, 1908 (5  of 1908),  while 
trying a suit, in respect of the following matters, namely:— 

(a) summoning and enforcing the attendance of any person and examining him on oath; 

(b) requiring the discovery and production of documents; 

(c) receiving evidence on affidavits; 

(d)  subject  to  the  provisions  of  sections  123  and  124  of  the  Indian  Evidence  Act,  1872                           

(1 of 1872), requisitioning any public record or document or a copy of such record or document, from 
any office; 

(e) issuing commissions for the examination of witnesses or documents; 

(f) reviewing its decisions; 

(g) dismissing an application for default or deciding it, ex parte; 

(h) setting aside any order of dismissal of any application for default or any order passed by it,  

ex parte; and 

(i) any other matter which may be prescribed. 

(3)  Every  proceeding  before  the  Appellate  Tribunal  shall  be  deemed  to  be  a  judicial  proceeding 
within the meaning of sections 193 and 228, and for the purposes of section 196 of the Indian Penal Code 
(45 of 1860) and the Appellate Tribunal shall be deemed to be a civil court for the purposes of section 195 
and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). 

30.  Right  to  legal  representation.—The  applicant  or  appellant  may  either  appear  in  person  or 
authorises  one  or  more  chartered  accountants  or  company  secretaries  or  cost  accountants  or  legal 
practitioners or any of its officers to present his or its case before the Appellate Tribunal. 

Explanation.—For the purposes of this section,— 

(a)  "chartered  accountant"  means  a  chartered  accountant  as  defined  in  clause  (b)  of                    

sub-section  (1)  of  section  2  of  the  Chartered  Accountants  Act,  1949  (38  of  1949)  and  who  has 
obtained a certificate of practice under sub-section (1) of section 6 of that Act; 

(b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of 
section 2 of the Company Secretaries Act, 1980 (56 of 1980) and who has obtained a certificate of 
practice under sub-section (1) of section 6 of that Act; 

(c)  "cost  accountant"  means  a  cost  accountant  as  defined  in  clause  (b)  of  sub-section  (1)  of 
section  2  of  the  Cost  and  Works  Accountants  Act,  1959  (23  of  1959),  and  who  has  obtained  a 
certificate of practice under sub-section (1) of section 6 of that Act; 

(d) "legal practitioner" means an advocate, vakil or an attorney of any High Court, and includes a 

pleader in practice. 

31.  Appeal  to  Supreme  Court.—(1)  Notwithstanding  anything  contained  in  the  Code  of  Civil 
Procedure,  1908  (5  of  1908)  or  in  any  other  law,  an  appeal  shall  lie  against  any  order,  not  being  an 
interlocutory  order,  of  the  Appellate  Tribunal  to  the  Supreme  Court  on  one  or  more  of  the  grounds 
specified in section 100 of that Code. 

12 

 
(2) No appeal shall lie against any decision or order made by the Appellate Tribunal with the consent 

of the parties. 

(3) Every appeal under this section shall be preferred within a period of ninety days from the date of 

the decision or order appealed against: 

Provided that the Supreme Court may entertain the appeal after the expiry of the said period of ninety 
days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in 
time. 

32. Orders passed by Appellate Tribunal to be executable as a decree.—(1) An order passed by 
the Appellate Tribunal under this Act shall be executable by the Appellate Tribunal as a decree of civil 
court, and for this purpose, the Appellate Tribunal shall have all the powers of a civil court. 

(2) Notwithstanding anything contained in sub-section (1), the Appellate Tribunal may transmit any 
order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if 
it were a decree made by that court.  

CHAPTER V 

FINANCE, ACCOUNTS AND AUDIT 

33.  Budget.—The  Authority  shall  prepare,  in  such  form  and  at  such time  in  each  financial  year  as 
may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure 
of the Authority and forward the same to the Central Government, for information. 

34. Grants by Central Government.—The Central Government may, after due appropriation made 
by Parliament by law in this behalf, make to the Authority grants of such sums of money as are required 
to  be  paid  for  the  salaries  and  allowances  payable  to  the  Chairperson  and  other  Members  and  the 
administrative  expenses,  including  the  salaries  and  allowances  and  pension  payable  to  or  in  respect  of 
officers and other employees of the Authority. 

35.  Annual  statement  of  accounts.—  (1)  The  Authority  shall  maintain  proper  accounts  and  other 
relevant records and prepare an annual statement of accounts in such form as may be prescribed by the 
Central Government in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the Authority shall be audited by the Comptroller and Auditor- General of India 

at such intervals as may be specified by him. 

(3) The Comptroller and Auditor-General of India or any person appointed by him in connection with 
the  audit  of  the  accounts  of  the  Authority  under  this  Act  shall  have  the  same  rights,  privileges  and 
authority in connection with such audit, as the Comptroller and Auditor-General of India generally has, in 
connection with the audit of the Government accounts and, in particular, shall have the right to demand 
the  production  of  books,  accounts,  connected  vouchers  and  other  documents  and  papers  and  to  inspect 
any of the offices of the Authority. 

(4) The accounts of the Authority, as certified by Comptroller and Auditor-General of India or any 
other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded 
annually to the Central Government and the Central Government shall cause the same to be laid before 
each House of Parliament. 

36.  Furnishing  of  returns,  etc.,  to  Central  Government.—(1)  The  Authority  shall  furnish  to  the 
Central Government, at such time and in such form and manner as may be prescribed or as the Central 
Government may direct, such returns and statements and such particulars in regard to any matter under 
the jurisdiction of the Authority, as the Central Government may, from time to time, require. 

(2) The Authority shall prepare, once every year, in such form and at such time as may be prescribed, 
an annual report, giving a summary of its activities during the previous year and copies of the report shall 
be forwarded to the Central Government. 

(3) A copy of the report received under sub-section (2) shall be laid by the Central Government, as 

soon as may be after it is received, before each House of Parliament. 

13 

 
CHAPTER VI 

OFFENCES AND PENALTIES 

37.  Penalty  for  wilful  failure  to  comply  with  orders  of  Appellate  Tribunal.—If  any  person 
wilfully fails to comply with the order of the Appellate Tribunal, he shall be punishable with fine which 
may extend to one lakh rupees and in case of a second or subsequent offence with fine which may extend 
to two lakh rupees and in the case of continuing contravention with additional fine which may extend to 
two lakh rupees for every day during which such default continues. 

38. Punishment for non-compliance of orders and directions under this Act.—Whoever fails to 
comply  with  any  order  or  direction  given  under  this  Act,  or  contravenes,  or  attempts  to  contravene  or 
abets the contravention of the provisions of this Act or of any rules or regulations made thereunder shall 
be punishable with fine which may extend to one lakh rupees and in the case of a second or subsequent 
offence with fine which may extend to two lakh rupees and in the case of a continuing contravention with 
an  additional  fine  which  may  extend  to  four  thousand  rupees  for  every  day  during  which  the  default 
continues. 

39.  Punishment  for  non-compliance  with  order  of  Authority  or  Appellate  Tribunal.—If  any 
person wilfully fails to comply with an order of the Authority or of the Appellate Tribunal, passed under 
Chapter IV, he shall be punishable with fine which may extend to one lakh rupees and, in the case of a 
second  or  subsequent  offence,  with  fine  which  may  extend  to  two  lakh  rupees  and  in  the  case  of  a 
continuing failure, with an additional fine which may extend to four thousand rupees for every day during 
which such failure continues. 

40.  Offences  by  companies.—(1)  Where  an  offence  under  this  Act  has  been  committed  by  a 
company,  every  person  who,  at  the  time  the  offence  was  committed,  was  in  charge  of,  and  was 
responsible to the company for the conduct of, the business of the company, as well as the company, shall 
be  deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and  punished 
accordingly: 

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  such  person  liable  to  any 
punishment provided in this Act, if he proves that the offence was committed without his knowledge or 
that he had exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  a  company,  and  it  is  proved  that  the  offence  has  been  committed  with  the  consent  or 
connivance of,  or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty 
of the offence and shall be liable to be proceeded against and punished accordingly. 

Explanation.—For the purposes of this section— 

(a) "company" means any body corporate and includes a firm or other association of individuals; 

and 

(b)  "director"  means  a  whole-time  director  in  the  company  and  in  relation  to  a  firm,  means  a 

partner in the firm. 

41.  Offences  by  Government  Departments.—(1)  Where  an  offence  under  this  Act  has  been 
committed by any Department of Government or any of its undertakings, the Head of the Department or 
its undertakings shall be deemed to be guilty of an offence and shall be liable to be proceeded against and 
punished accordingly unless he proves that the offence was committed without his knowledge or that he 
had exercised all due diligence to prevent the commission of such offence. 

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been 
committed  by  any  Department  of  Government  or  its  undertakings  and  it  is  proved  that  the  offence  has 
been  committed  with  the  consent  or  connivance  of,  or  is  attributable  to  any  neglect  on  the  part  of  any 
officer, other than the Head of the Department, or its undertakings, such officer shall also be deemed to be 
guilty of that offence and shall be liable to be proceeded against and punished accordingly. 

14 

 
 
 
CHAPTER VII 

MISCELLANEOUS 

42.  Directions  by  Central  Government.—(1)  The  Central  Government  may,  from  time  to  time, 
issue  to  the  Authority  such  directions  as  it  may  think  necessary  in  the  interest  of  the  sovereignty  and 
integrity of India, the security of the State, friendly relations with foreign States, public order, decency or 
morality. 

(2) Without prejudice to the foregoing provisions, the Authority shall, in exercise of its powers or the 
performance  of  its  functions,  be  bound  by  such  directions  on  questions  of  policy  as  the  Central 
Government may give in writing to it from time to time: 

Provided that the Authority shall, as far as practicable, be given an opportunity to express its views 

before any direction is given under this sub-section. 

(3) The decision of the Central Government whether a question is one of policy or not shall be final. 

43.  Members,  officers  and  employees  of  Authority  to  be  public  servants.—The  Chairperson, 
Members, officers and other employees of the Authority shall be deemed, when acting or purporting to 
act  in  pursuance  of  any  of  the  provisions  of  this  Act,  to  be  public  servants  within  the  meaning  of            
section 21 of the Indian Penal Code (45 of 1860). 

44.  Bar  of  jurisdiction.—No  civil  court  shall  have  jurisdiction  in  respect  of  any  matter  which  the 

Authority is empowered by or under this Act to determine. 

45. Protection of action taken in good faith.—No suit, prosecution or other legal proceedings shall 
lie against the Central Government or the Authority or any Member, officer or other employees thereof 
for anything which is in good faith done or intended to be done under this Act or the rules and regulations 
made thereunder. 

46.  Exemption  from  tax  on  wealth  and  income.—Notwithstanding  anything  contained  in  the 
Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the 
time being in force relating to tax on wealth, income, profits or gains, the Authority shall not be liable to 
pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derived. 

47.  Cognizance  of  offences.—No  court  shall  take  cognizance  of  an  offence  punishable  under  this 
Act, except upon a complaint in writing made by the Authority or by any officer of the Authority duly 
authorised by the Authority for this purpose. 

48. Delegation of powers.—The Authority may, by  general or special order in writing, delegate to 
the Chairperson or any Member or officer of the Authority, subject to such conditions and limitations, if 
any, as may be specified in the order, such of its powers and functions under this Act (except the power to 
settle disputes and the power to make regulations), as it may deem necessary. 

49.  Power  of  Central  Government  to  supersede  Authority.—(1)  If,  at  any  time,  the  Central 

Government is of opinion— 

(a) that on account of a grave emergency, the Authority is unable to discharge the functions and 

duties imposed on it by or under the provisions of this Act; or 

(b) that the Authority has persistently made default in complying with any direction issued by the 
Central Government under this Act or in the discharge of the functions and duties imposed on it by or 
under  the  provisions  of  this  Act  and  as  a  result  of  which  default,  the  financial  position  of  the 
Authority  or  the  administration  of  any  airport,  heliport,  airstrip,  civil  enclave  or  aeronautical 
communication station has deteriorated; or 

(c) that circumstances exist which render it necessary in the public interest so to do, the Central 
Government may, by notification in the Official Gazette, supersede the Authority for such period, not 
exceeding six months, as may be specified in the notification: 

15 

 
Provided that before issuing a notification under this sub-section for the reasons mentioned in clause 
(b), the Central Government shall give a reasonable opportunity to the Authority to show cause as to why 
it should not be superseded and shall consider the explanations and objections, if any, of the Authority. 

(2) Upon the publication of a notification under sub-section (1) superseding the Authority,— 

(a) all the Members shall, as from the date of supersession, vacate their offices as such; 

(b)  all  the  powers,  functions  and  duties  which  may,  by  or  under  the  provisions  of  this  Act,  be 
exercised  or  discharged  by  or  on  behalf  of the  Authority,  shall  until  the  Authority  is  re-constituted 
under  sub-section  (3),  be  exercised  and  discharged  by  such  person  or  persons  as  the  Central 
Government may direct; 

(c) all property owned or controlled by the Authority shall, until the Authority is re-constituted 

under sub-section (3), vest in the Central Government. 

(3)  On  the  expiration  of  the  period  of  supersession  specified  in  the  notification  issued  under  sub-

section (1), the Central Government may,— 

(a) extend the period of supersession for such further term not exceeding six months, as it may 

consider necessary; or 

(b) re-constitute the Authority by fresh appointment and in such case the Members who vacated 

their offices under clause (a) of sub-section (2) shall not be deemed disqualified for appointment: 

Provided  that  the  Central  Government  may,  at  any  time  before  the  expiration  of  the  period  of 
supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, 
take action under clause (b) of this sub-section. 

(4) The Central Government shall cause a notification issued under sub-section (1) and a full report of 
any  action taken  under  this  section and the  circumstances  leading  to such  action  to  be laid  before both 
Houses of Parliament at the earliest opportunity. 

50. Application of other laws not barred.—The provisions of this Act shall be in addition to, and 

not in derogation of, the provisions of any other law for the time being in force. 

51. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the salary and allowances payable to, and the other conditions of service of, the Chairperson 

and other Members under sub-section (2) of section 6; 

(b) the form and manner in which and the Authority before whom the oath of office and secrecy 

shall be made and subscribed under sub-section (4) of section 6; 

(c) the powers and functions to be exercised or discharged by the Chairperson under section 7; 

(d) the procedure for conducting any inquiry made under sub-section (2) of section 8; 

(e) the salaries and allowances payable to, and the other terms and conditions of service of the 

Secretary, officers and other employees of the Authority under sub-section (3) of section 9; 

(f)  the  performance  standards  relating  to  the  quality,  continuity  and  reliability  of  service  to  be 

monitored under clause (d) of sub-section (1) of section 13; 

(g) the books of account or other documents which are required to be maintained by the service 

provider under sub-section (3) of section 14; 

(h) the form and manner in which the form shall  be verified and fee to be accompanied by the 

form under sub-section (3) of section 18; 

16 

 
1*  

* 

* 

* 

* 

 (l)  the  form  in  which  the  Authority  shall  prepare,  and  at  such  time  in  each  financial  year,  its 

budget and the time at which such budget shall be prepared under section 33; 

(m)  the  form  in  which  proper  accounts  and  other  relevant  records  shall  be  maintained  and  the 

annual statement of accounts shall be prepared by the Authority under sub-section (1) of section 35; 

(n) the form, manner and the time in which the returns and statements shall be furnished by the 

Authority under sub-section (1) of section 36; 

(o)  the  form  and  time  at  which  the  annual  report  shall  be  prepared  by  the  Authority  under  

sub-section (2) of section 36; 

(p) any other matter which is to be, or may be, prescribed, or in respect of which provision is to 

be made by rules. 

52.  Power  to  make  regulations.—  (1)  The  Authority  may,  by  notification  in  the  Official  Gazette, 
and with the previous approval of the Central Government, make regulations, not inconsistent with this 
Act, and the rules made thereunder, to carry out the purposes of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may 

provide for all or any of the following matters, namely:— 

(a) the procedure in accordance with which the experts and professionals may be engaged under 

sub-section (4) of section 9; 

(b)  the  places  and  time  of  meetings  of  the  Authority  and  the  procedure  to  be  followed  at  such 

meetings, (including the quorum at its meetings) under sub-section (1) of section 10; 

(c) any other matter which is required to be, or may be, specified by regulations. 

53.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  made  by  the  Central 
Government, and every regulation made by the Authority, under this Act shall be laid, as soon as may be 
after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, 
which may be comprised in one session or in two or more successive sessions, and if, before the expiry of 
the session immediately following the session or the successive sessions aforesaid, both Houses agree in 
making any modification in the rule or regulation or both Houses agree that the rule or regulation should 
not  be  made,  the rule  or  regulation  shall thereafter  have  effect only  in such  modified form  or  be  of no 
effect,  as  the  case  may  be;  so,  however,  that  any  such  modification  or  annulment  shall  be  without 
prejudice to the validity of anything previously done under that rule or regulation. 

54. Amendment of certain enactments.—The enactments specified in the Schedule to this Act shall 
be  amended  in  the  manner  specified  therein  and  such  amendments  shall  take  effect  on  the  date  of 
establishment of the Authority. 

55. Power to remove  difficulties.—(1)  If  any  difficulty  arises  in  giving  effect to  the  provisions  of 
this Act, the Central Government may, by order published in the Official Gazette, make such provisions, 
not  inconsistent  with  the  provisions  of  this  Act,  as  may  appear  to  it  to  be  necessary  for  removing  the 
difficulty: 

Provided that no order shall be made under this section after the expiry of two years from the date of 

commencement of this Act. 

(2) Every order made under this section shall be laid, as soon as may be after it is made, before each 

House of Parliament. 

1. Clauses (i), (j) and (k) omitted by Act 7 of 2017, s. 170 (w.e.f. 26-5-2017). 

17 

 
 
 
 
 
 
 
 
 
                                                           
THE SCHEDULE 

[See section 54] 

AMENDMENT TO THE AIRCRAFT ACT, 1934 

(22 OF 1934) 

Section 5, sub-section (2), clause (ab), for "or revision on tariff of operators of air transport services", 
substitute "or revision on tariff of operators of air transport services  [other than the tariff referred to in 
clause (a) of sub-section (1) of section 13 of the Airports Economic Regulatory Authority of India Act, 
2008]". 

_______ 

AMENDMENT TO THE AIRPORTS AUTHORITY OF INDIA ACT, 1994 

(55 OF 1994) 

1. Section 22A, for the portion beginning with the words "The Authority may" and ending with the 

words "for the purposes of — ", substitute the following:— 

"The Authority may,— 

(i) after the previous approval of the Central Government in this behalf, levy on, and collect 
from, the embarking passengers at an airport other than the major airports referred to in clause (h) 
of section 2 of the Airports Economic Regulatory Authority of India Act, 2008 the development 
fees at the rate as may be prescribed; 

(ii) levy on, and collect from, the embarking passengers at major airport referred to in clause 
(h)  of  section  2  of  the  Airports  Economic  Regulatory  Authority  of  India  Act,  2008  the 
development fees at the rate as may be determined under clause (b) of sub-section (1) of section 
13 of the Airports Economic Regulatory Authority of India Act, 2008, 

and  such  fees  shall  be  credited  to  the  Authority  and  shall  be  regulated  and  utilised  in  the  prescribed 
manner, for the purposes of—" 

2. Section 41, in sub-section (2), clause (ee), for "the rate of development fees and", substitute— 

"the rate of development fees in respect of airports other than major airports and”. 

______ 

18 

 
 
 
